- 15 -
115 T.C. 293, 298 (2000), affd. 32 Fed. Appx. 278 (9th Cir.
2002):
Consistent with section 6601(e), the Court does
have jurisdiction to redetermine statutory interest
where a taxpayer has properly invoked the Court’s
overpayment jurisdiction pursuant to section 6512. See
Barton v. Commissioner, 97 T.C. 548, 554-555 (1991).
In Winn-Dixie Stores, Inc. & Subs. v. Commissioner, 110
T.C. 291 (1998), we held that the Court had
jurisdiction under section 6512 to review the
taxpayers’ claim that they had overpaid statutory
interest for the years in issue where the Commissioner
had rejected the taxpayers’ request pursuant to section
6402(a) to offset the tax deficiencies (and interest)
for the years before the Court against the taxpayers’
overpayments for earlier years. * * *[11]
See also Sunoco, Inc. & Subs. v. Commissioner, 122 T.C. at 94
(“Respondent concedes that this Court has jurisdiction under
section 6512(b) to determine an overpayment based upon
petitioner’s claim that it overpaid underpayment interest.
10(...continued)
taxes, the court has jurisdiction to determine whether
X Corp overpaid interest by virtue of its entitlement
to a zero interest rate on underpayments for the years
before the court. Winn-Dixie Stores, Inc. v.
Commissioner, 110 T.C. 291 (1998). * * *
11See Goettee v. Commissioner, T.C. Memo. 2003-43, where we
observed:
Section 6512(b) provides, inter alia, that if a
taxpayer properly invokes our overpayment jurisdiction
under section 6512(b), then we have jurisdiction to
determine the amount of the taxpayer’s overpayment.
This jurisdiction under section 6512 also permits us to
redetermine a taxpayer’s statutory interest. Lincir v.
Commissioner, 115 T.C. 293, 298 (2000), affd. 32 Fed.
Appx. 278 (9th Cir. 2002); see Zfass v. Commissioner,
118 F.3d 184, 192 n.9 (4th Cir. 1997), affg. T.C. Memo.
1996-167.
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: May 25, 2011